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IDEA-B and NCLB LEA Maintenance of Effort (MOE) Texas Education Agency (TEA)

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Presentation on theme: "IDEA-B and NCLB LEA Maintenance of Effort (MOE) Texas Education Agency (TEA)"— Presentation transcript:

1 IDEA-B and NCLB LEA Maintenance of Effort (MOE) Texas Education Agency (TEA)

2 34 CFR § Requires LEAs to expend the same amount of local/state funding for special education and related services as it expended in the previous fiscal year. IDEA-B LEA MOE

3 LEA must pass one of four tests: 1.Total State and Local Expenditures 2.Per Capita State and Local Expenditures 3.Total Local Expenditures 4.Per Capita Local Expenditures Four Test Methods

4 Federal Statutory Exceptions a) Voluntary departure of personnel b) Decrease in enrollment c) Termination of an exceptionally costly program d) Termination of costly long-term purchases e) Assumption of cost by the high cost fund

5  CEIS Set-Aside amounts up to 15%  MOE Voluntary Reduction up to 50%  Combined, the CEIS Set-Aside and MOE Voluntary Reduction may not exceed lower of the two MOE Voluntary Reduction

6  Significant PEIMS Errors ◦ Must change compliance status ◦ Will not change PEIMS data ◦ Replaces PEIMS in FFCR database ONLY State Reconsiderations

7  Federal Funds Which May be Considered as State or Local Funds  Legislatively Mandated Changes to Account for Funds State Reconsiderations

8  Significant Timing Issues  SHARS federal reimbursement expended in Special Education State Reconsiderations

9 IDEA-B LEA MOE Fiscal Agents and Member Districts  TEA has no authority to resolve SSA disputes  Member Districts must contact their Fiscal Agent for amounts reported on their behalf  State Reconsideration for Significant PEIMS Errors

10 34 CFR (b)(2) Requires LEAs to BUDGET the same amount of local/state funds for special education and related services as it expended in the most recent fiscal year for which information is available. IDEA-B Eligibility Requirement

11 Special Education Consolidated Grant Application Schedule BS Fiscal Compliance Requirements  Part 1: LEA MOE Eligibility  Part 2: CEIS Set-Aside and MOE Voluntary Reduction Amount

12 Section 9521 of Elementary and Secondary Education Act (ESEA) Requires LEAs to expend the local/state funds at 90% of the level at which it expended in the preceding fiscal year. NCLB LEA MOE

13  Title I, Part A, Improving Basic Programs Operated by Local Educational Agencies  Title I, Part B, Subpart 3, Even Start;  Title I, Part D, Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-Risk;  Title II, Part A, Improving Teacher Quality State Grants;  Title III, Part A, English Acquisition State Grants;  Title IV, Part B, 21st Century Learning Centers; and  Title VI, Part B, Subpart 2, Rural Education Covered Programs

14 LEA must pass one of four tests: 1.Total State and Local Expenditures. 2.Total State and Local Expenditures per-pupil for refined average daily attendance (ADA). 3.Total State and Local Expenditures per-pupil for Membership. 4.Total State and Local Expenditures per-pupil for Enrollment. Four Test Methods

15  Refined Average Daily Attendance  Membership  Enrollment (In Enrollment) Fiscal Effort per Student

16  There are NO federal statutory exceptions for NCLB LEA MOE!  State Reconsideration for Significant PEIMS Errors ◦ Must change compliance status ◦ Will not change PEIMS data ◦ Replaces PEIMS in FFCR database ONLY Exceptions/Reconsiderations

17 NCLB LEA MOE Waiver  Only USDE has authority to waive penalty under: ◦ Exceptional or uncontrollable circumstances, such as a natural disaster ◦ Precipitous decline in financial resources

18  Receipt of USDE waiver DOES NOT constitute compliance with MOE requirement  Noncompliance impacts all covered programs NCLB LEA MOE Waiver

19  LEAs should not send refunds until requested by TEA  Payment must be made with state/local funds  LEAs have 30 days to refund amounts due Corrective Action

20 For questions, please send an to Additional Questions?


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